This
site supports freedom of speech, both on and off the Internet.
To ensure a safe, unobjectionable environment for all of
our users, we have established our Terms of Use and Service.
It spells out what you can expect from us and what we expect
from you. By accessing any areas of this site, users ("Users")
agree to be legally bound and to abide by the terms, conditions
and notices relating to its use. This site is owned and
operated by Pediatric Therapeutic Services, Inc. ("Company").
Any references herein to this site shall be deemed to refer
to Pediatric Therapeutic Services, Inc. (PTS) and/or Company,
as applicable under the circumstances.
I. TRADEMARKS
PTS is a trademark of Company, or its affiliates. All rights reserved. These
and other PTS graphics, logos and service marks are trademarks of Company
and its affiliates and may not be used without prior written consent of
Company or its affiliates, as the case may be. All other trademarks, product
names, and company names and logos appearing on this site are the property
of their respective owners.
II. DISCLAIMERS
AND LIMITATION OF LIABILITY
User expressly agrees that use of this site is at User's sole risk. Neither
Company nor its affiliates nor any of their officers, directors, or employees,
agents, third-party content providers, merchants, sponsors, licensors (collectively,
Providers), or the like, warrant that this site will be uninterrupted or error
free, nor do they make any warranty as to the results that may be obtained
from the use of this site, or as to the accuracy, reliability, or currency
of any information content, service, or merchandise provided through this site.
THIS SITE
IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE
A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION
OR ADVICE.
Under
no circumstance shall Company or any other party involved
in creating, producing, or distributing this site be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use
this site, including but not limited to reliance by User
on any information obtained from this site or that result
from mistakes, omissions, interruptions, deletion of files
or email, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether
or not resulting from acts of God, communications failure,
theft, destruction, or unauthorized access to this site's
records, programs or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise,
and services available through this site. Because some states
do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability
is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY
RIGHTS
User acknowledges that this site contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds and other material (collectively
referred to as "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S. copyright
laws, and Company owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. User may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, User may make copies of select portions
of the Content, provided that the copies are made only for User's personal
use and that User maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107),
User may not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other proprietary right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software.
B. DISTRIBUTION/UPLOADING
OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise
distribute only Content that is not subject to any copyright or other proprietary
rights protection (collectively, Public Content), or Content in which the author
has given express authorization for distribution on the World Wide Web. Any
copyrighted or other proprietary Content distributed with the consent of a
copyright owner should contain a phase such as "Copyright owned by [name
of owner]; used by permission." User will be liable for any damage resulting
from any infringement of copyrights or proprietary rights, or from any other
harm arising from such submission. Neither Company, nor its affiliates, nor
any of their officers, directors, employees, agents, Providers, or the like,
will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such User submission.
In compliance with the Digital Millennium Copyright Act, Users and other persons
can report an infringement to Company at the following email address: info@pts-inc.net.
By submitting Content to any areas on the site, including without limitation
any product reviews or participation in any chat rooms, User automatically
grants, or warrants, that the owner of such Content has expressly granted Company
the royalty-free, perpetual, irrevocable, nonexclusive right and license to
use, reproduce, publish, translate, sublicense, copy and distribute the Content
in whole or in part worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such Content. User also permits any other
User to access, store, or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed on this site retains any
and all rights which may exist in such Content. User agrees not to upload files
that contain viruses, corrupted files, or any other similar software or programs
that may damage or in any way detrimentally impact the operation of any computer,
software or web site. User further agrees not to: (a) conduct or forward chain
letters or pyramid schemes; (b) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights of others; (c) falsify or delete any Content or any
information or material contained in a file that is uploaded; or (d) do anything
or omit to do anything which would restrict or inhibit any other User from
using and enjoying any of the services, chat areas, news groups, forums, communities
and/or other message or communication facilities on this site.
C. THIRD-PARTY
CONTENT
Company is a distributor and not a publisher of Content supplied by third parties
and Users. Company has no more editorial control over such Content than does
a public library or newsstand. Any opinions, advice, statements, services,
offers, or other information that constitutes part of Content expressed or
made available by third parties, including Providers or any other User of this
site, are those of the respective authors or distributors and not of Company
or its affiliates or any of their officers, directors, employees or agents.
Neither Company nor its affiliates, nor any of their officers, directors, employees
or agents, nor any third party, including any Provider, or any other User of
this site, guarantees the accuracy, completeness or usefulness of any Content,
nor its merchantability or fitness for any particular purpose. In many instances,
the Content available through this site represents the opinions and judgments
of the respective Provider, or User not under contract with Company. Company
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, or statement made on this site by anyone other than authorized
Company employees. Under no circumstances shall Company, or its affiliates,
or any of their officers, directors, employees or agents be liable for any
loss, damage or harm caused by User's reliance on information obtained through
this site. It is the responsibility of User to evaluate the information, opinion,
advice, or other Content available through this site. Advice received from
this web site should not be relied upon for personal, medical, legal or financial
decisions and User should consult an appropriate professional for specific
advice tailored to the specific situation.
COMPANY
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND
SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE.
D. EXPORT
The United States export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to certain
foreign nationals. User agrees to abide by these laws and their regulations,
including but not limited to, the Export Administration Act and the Arms
Export Control Act, and not to transfer, by electronic transmission or
otherwise, any Content derived from this site to either a foreign national
or a foreign destination in violation of such laws.
IV. ONLINE
CONDUCT
User agrees to use this site only for lawful purposes. User is prohibited from
posting on or transmitting through this site any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national or international law.
If Company is notified of allegedly infringing, defamatory,
damaging, illegal or offensive content provided by
User (e.g., through an online review or chat
room), Company may investigate the allegation and determine in its sole discretion
whether to remove or request the removal of such Content from this site.
Company may disclose any Content or electronic communication
of any kind: (I) to satisfy
any law, regulation or government request; (ii) if such disclosure is necessary
or appropriate to operate this site; or (iii) to protect the rights or property
of Company, its Users or Providers.
Company reserves the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to
be harmful to Users, Company, or
any rights
of Company or any third party, or to violate any applicable law. Company
reserves the right in its sole discretion to deny any User access to this
site, any
interactive service herein, or any portion of this site without notice.
Notwithstanding the foregoing, neither Company nor
its Providers can ensure prompt removal
of questionable Content after online posting. Accordingly, neither Company,
nor its affiliates, nor any of their officers, directors, employees or
agents, nor Providers shall assume liability for any
action or inaction with respect
to conduct, communication, or Content on this site.
V. PRIVACY
POLICY
In accordance with the terms of Company's Privacy Policy, Company respects
the privacy of its Users.
VI. TERMINATION
OF USAGE
Company may terminate User's access, or suspend any User's access to all or
part of this site, without notice, for any conduct that Company, in its sole
discretion, believes is in violation of any applicable law or is harmful to
the interests of another User, a third-party Provider, a service provider,
or Company.
IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable.
If for any reason any provision of this disclaimer shall be held invalid
or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in
any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represent
the entire understanding between you and Company and supersede any prior statements
or representations. BY USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS
OF USE AND SERVICE. The aforementioned Terms of Use and Service are subject
to change. |